Maternity benefit - they are excluding 12 weekly offs 3 CLs and 12 medical leave from my total working days

Dr sukriti
Respected sir/mam, I joined as a senior resident in a government hospital in Delhi. I've completed 94 days in the hospital in which due to pregnancy complications i was admitted and took medical leave for 12 days. For pregnancy hospital visits i took 3 CLs in 3 months.
Now since I've had complications. I applied for maternity leave but they are excluding 12 weekly offs 3 CLs and 12 medical leave from my total working days. Since medical leave was unpaid so i think excluding that is correct but excluding weekly offs and CLs is it lawfully correct? Please guide.
jeevarathnam
Maternity benefit of 26 weeks is mandate for all the employees for 1st 2 children it is apart from the EL, CL & SL.

26 weeks of Maternity benefit includes all the holidays & week ends which comes in between. Apart from 26 weeks MB you might get additional 1 month leave due to any medical emergencies related to tubectomy & related to the delivery.
vmlakshminarayanan
Hello Doctor,

I think you are referring to the qualifying 80 days (The Maternity Benefit Act 1961 states that a woman should have worked with her employer for at least 80 days in the 12 months preceding the date of her expected delivery.) to apply for Maternity Leave ? In your case you had worked for 94 days but Hospital Authorities are excluding 12 weekly off +3 CL's +12Medical leave =27.

So 94-27 = 67 thereby you are running short of 13 days to get the qualifying days of 80 days ? I presume this is your question ? Excluding weekly off from 94 days is not right.

https://www.newindianexpress.com/cities/delhi/2019/mar/19/maternity-benefits-same-for-all-govt-docs-govt-1952936.html

To the best of my knowledge the same Maternity Benefit Law applies to Central Govt Employees also including Doctors. However you may please check whether any separate service rules applicable for Central Govt Employees especially Govt Doctors.
pvenu1953@gmail.com
What are the terms of appointment? Are the provisions of CCS(Leave) Rules applicable?
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